BILL NUMBER: SB 1970	CHAPTERED  09/28/00

	CHAPTER   806
	FILED WITH SECRETARY OF STATE   SEPTEMBER 28, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 28, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	PASSED THE ASSEMBLY   AUGUST 25, 2000
	AMENDED IN ASSEMBLY   AUGUST 18, 2000
	AMENDED IN ASSEMBLY   AUGUST 7, 2000
	AMENDED IN ASSEMBLY   JULY 6, 2000
	AMENDED IN SENATE   MAY 9, 2000
	AMENDED IN SENATE   APRIL 25, 2000

INTRODUCED BY   Senator Costa

                        FEBRUARY 25, 2000

   An act to amend Sections 2181, 2182, 12976, 12999.4, 12999.5,
14008, and 14033 of, and to add and repeal Section 12999.6 of, the
Food and Agricultural Code, relating to economic poisons.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1970, Costa.  Economic poisons:  regulation.
   (1) Existing law provides for presentation of evidence to the
Director of the Department of Food and Agriculture, for purposes of
convening a hearing by a trial board in regard to the  neglect,
incompetence, or misconduct in office of a county agricultural
commissioner, as specified.
   This bill would,  instead, authorize presentation of the evidence
to the Secretary of Food and Agriculture or the Director of the
Department of Pesticide Regulation, for the above-specified conduct.
The secretary would be authorized to convene the trial board when
the alleged offenses come under the jurisdiction of the Department of
Food and Agriculture and the director would convene the trial board
when the alleged offenses come under the jurisdiction of the
Department of Pesticide Regulation.
   (2) Existing law provides that, except as provided, the director
may, after investigation and hearing, adopt regulations to govern the
possession, sale, or use of any pesticide which the director finds
necessary, as specified.
   This bill would revise procedures relating to adopting
regulations.
   (3) Existing law authorizes the levy of civil penalties for
specified violations and provides the person charged with a violation
with the opportunity to review the director's evidence and present
evidence on his or her behalf at the hearing.
   This bill would revise this procedure by authorizing the person to
review the evidence prior to the hearing.
   (4) Existing law provides for the levying of civil penalties for
specified violations regarding pesticides.  Those penalties are
imposed by a county agricultural commissioner after a hearing by that
commissioner.
   This bill would provide that it is unlawful to refuse or neglect
to pay a civil penalty levied as described above.
   Additionally, this bill would authorize the director to initiate
and maintain enforcement actions for violations committed in multiple
jurisdictions or in other specified cases, or to refer those
violations to the district attorney or the Attorney General.  In
cases where the director takes enforcement action, the director would
be authorized to impose a fine up to $5,000 for each violation after
a noticed hearing.  Procedures for judicial review of the director's
decision would also be provided.  The director's authority under
these provisions would only apply prospectively to violations
occurring on or after January 1, 2001, and would only remain in
effect until January 1, 2006, unless a later enacted statute deletes
or extends that date.
   (5) Existing law provides for the refusal, revocation, or
suspension of a permit regarding the use of pesticides for specified
violations.
   This bill would, in addition, provide for the refusal, revocation,
or suspension of a permit regarding the use of pesticides, as
specified, for the failure to pay a civil penalty or comply with a
final, lawful order from an agricultural commissioner.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2181 of the Food and Agricultural Code is
amended to read:
   2181.  Upon satisfactory evidence presented to the Secretary or
the Director of the Department of Pesticide Regulation that the
commissioner of any county is guilty of neglect of duty,
incompetence, or misconduct in office, the trial board that is
selected, pursuant to this article, shall hold a hearing at the time
and place specified by the trial board.  The secretary shall convene
the trial board when the alleged offenses come under the jurisdiction
of the Department of Food and Agriculture, and the director shall
convene the trial board when the alleged offenses come under the
jurisdiction of the Department of Pesticide Regulation.
  SEC. 2.  Section 2182 of the Food and Agricultural Code is amended
to read:
   2182.  The county agricultural commissioner's trial board shall be
composed of the Secretary  and the Director of the Department of
Pesticide Regulation, a person who has knowledge of, or experience
in, agriculture, selected by the board of supervisors of the county
of the charged commissioner, and a hearing officer from the Office of
Administrative Hearings, who shall be chairman and a voting member
of such board.
   The department that convenes the trial board is responsible, under
Section  11370.4 of the Government Code, for the cost of the
services provided for by the Office of Administrative Hearings in
carrying out the provisions of this section.
  SEC. 3.  Section 12976 of the Food and Agricultural Code is amended
to read:
   12976.  The director may adopt regulations to govern the
possession,  sale, or use of any pesticide which the director finds
necessary to carry out the purposes of Division 6 (commencing with
Section 11401) or this division.
  SEC. 4.  Section 12999.4 of the Food and Agricultural Code is
amended to read:
   12999.4.  (a) In lieu of civil prosecution by the director, the
director may levy a civil penalty against a person violating Sections
12115, 12116, 12671, 12992, 12993, Chapter 10 (commencing with
Section 12400) of Division 6, Article 4.5 (commencing with Section
12841), Chapter 7.5 (commencing with Section 15300), or the
regulations adopted pursuant to those provisions, of not more than
five thousand dollars ($5,000) for each violation.
   (b) Before a civil penalty is levied, the person charged with the
violation shall be given a written notice of the proposed action,
including the nature of the violation and the amount of the proposed
penalty, and shall have the right to request a hearing within 20 days
after receiving notice of the proposed action.  A notice of the
proposed action that is sent by certified mail to the last known
address of the person charged shall be considered received even if
delivery is refused or the notice is not accepted at that address.
If a hearing is requested, notice of the time and place of the
hearing shall be given at least 10 days before the date set for the
hearing.  Prior to the hearing, the person shall be given an
opportunity to review the director's evidence.  At the hearing, the
person shall be given the opportunity to present evidence on his or
her own behalf.  If a hearing is not timely requested, the director
may take the action proposed without a hearing.
   (c) If the person against whom the director levied a civil penalty
requested and appeared at a hearing, the person may seek review of
the director's decision within 30 days of the date of the decision
pursuant to Section 1094.5 of the Code of Civil Procedure.
   (d) After the exhaustion of the review procedure provided in this
section, the director, or his or her representative, may file a
certified copy of a final decision of the director that directs the
payment of a civil penalty and, if applicable, any order that denies
a petition for a writ of administrative mandamus, with the clerk of
the superior court of any county. Judgment shall be entered
immediately by the clerk in conformity with the decision or order.
No fees shall be charged by the clerk of the superior court for the
performance of any official service required in connection with the
entry of judgment pursuant to this section.
   (e) Any money recovered under this section shall be paid into the
Department of Pesticide Regulation Fund for use by the department,
upon appropriation, in administering this division and Division 6
(commencing with Section 11401).
  SEC. 5.  Section 12999.5 of the Food and Agricultural Code is
amended to read:
   12999.5.  (a) In lieu of civil prosecution by the director, the
commissioner may levy a civil penalty against a person violating
Division 6 (commencing with Section 11401), Article 10 (commencing
with Section 12971) or Article 10.5 (commencing with Section 12980)
of this chapter, Section 12995, Article 1 (commencing with Section
14001) of Chapter 3, Chapter 7.5 (commencing with Section 15300), or
a regulation adopted pursuant to any of these provisions, of not more
than one thousand dollars ($1,000) for each violation.  It is
unlawful and grounds for denial of a permit under Section 14008 for
any person to refuse or neglect to pay a civil penalty levied
pursuant to this section once the order is final.
   (b) Before a civil penalty is levied, the person charged with the
violation shall be given a written notice of the proposed action
including the nature of the violation and the amount of the proposed
penalty, and shall have the right to request a hearing within 20 days
after receiving notice of the proposed action.  A notice of the
proposed action that is sent by certified mail to the last known
address of the person charged shall be considered received even if
delivery is refused or the notice is not accepted at that address.
If a hearing is requested, notice of the time and place of the
hearing shall be given at least 10 days before the date set for the
hearing.  At the hearing, the person shall be given an opportunity to
review the commissioner's evidence and to present evidence on his or
her own behalf.  If a hearing is not timely requested, the
commissioner may take the action proposed without a hearing.
   (c) If the person upon whom the commissioner levied a civil
penalty requested and appeared at a hearing, the person may appeal
the commissioner's decision to the director within 30 days of the
date of receiving a copy of the commissioner's decision.  The
following procedures apply to the appeal:
   (1) The appeal shall be in writing and signed by the appellant or
his or her authorized agent, state the grounds for the appeal, and
include a copy of the commissioner's decision.  The appellant shall
file a copy of the appeal with the commissioner at the same time it
is filed with the director.
   (2) The appellant and the commissioner may, at the time of filing
the appeal or within 10 days thereafter or at a later time prescribed
by the director, present the record of the hearing including written
evidence that was submitted at the hearing and a written argument to
the director stating grounds for affirming, modifying, or reversing
the commissioner's decision.
   (3) The director may grant oral arguments upon application made at
the time written arguments are filed.
   (4) If an application to present an oral argument is granted,
written notice of the time and place for the oral argument shall be
given at least 10 days before the date set therefor.  The times may
be altered by mutual agreement of the appellant, the commissioner,
and the director.
   (5) The director shall decide the appeal on the record of the
hearing, including the written evidence and the written argument
described in paragraph (2), that he or she has received.  If the
director finds substantial evidence in the record to support the
commissioner's decision, the director shall affirm the decision.
   (6) The director shall render a written decision within 45 days of
the date of appeal or within 15 days of the date of oral arguments
or as soon thereafter as practical.
   (7) On an appeal pursuant to this section, the director may affirm
the commissioner's decision, modify the commissioner's decision by
reducing or increasing the amount of the penalty levied so that it is
within the director's guidelines for imposing civil penalties, or
reverse the commissioner's decision.  Any civil penalty increased by
the director shall not be higher than that proposed in the
commissioner's notice of proposed action given pursuant to
subdivision (b).  A copy of the director's decision shall be
delivered or mailed to the appellant and the commissioner.
   (8) Any person who does not request a hearing pursuant to
subdivision (b) may not file an appeal pursuant to this subdivision.

   (9) Review of a decision of the director may be sought by the
appellant within 30 days of the date of the decision pursuant to
Section 1094.5 of the Code of Civil Procedure.
   (d) The commissioner may levy a civil penalty pursuant to
subdivisions (a) to (c), inclusive, against a person violating
paragraph (1), (2), or (8) of subdivision (a) of Section 1695 of the
Labor Code, which pertains to registration with the commissioner,
carrying proof of that registration, and filing changes of address
with the commissioner.
   (e) After the exhaustion of the appeal and review procedures
provided in this section, the commissioner or his or her
representative, may file a certified copy of a final decision of the
commissioner that directs the payment of a civil penalty and, if
applicable, a copy of any decision of the director or his or her
authorized representative rendered on an appeal from the commissioner'
s decision and a copy of any order that denies a petition for a writ
of administrative mandamus, with the clerk of the superior court of
any county.  Judgment shall be entered immediately by the clerk in
conformity with the decision or order.  No fees shall be charged by
the clerk of the superior court for the performance of any official
service required in connection with the entry of judgment pursuant to
this section.
  SEC. 6.  Section 12999.6 is added to the Food and Agricultural
Code, to read:
   12999.6.  (a) The director may initiate and maintain enforcement
actions for violations described in subdivision (b) and to impose the
fine described in subdivision (b), or may refer any of those
violations to the proper enforcement agency, including the district
attorney in the county where the violations have occurred or the
Attorney General.
   (b) If the director determines that violations of statutes as
defined in Section 12999.5, committed in multiple jurisdictions are
not appropriate matters to be enforced by a commissioner, or in the
case of priority investigations, as defined in the 1995 Cooperative
Agreement or subsequent modifications to that agreement between the
California Department of Pesticide Regulation, the California
Agricultural Commissioners and Sealers Association, and the United
States Environmental Protection Agency, Region IX, the director may
take the appropriate action.  The director may levy a penalty of not
more than five thousand dollars ($5,000) for each violation.  The
department may adopt regulations to enforce this section.
   (c) Before a civil penalty is levied, the person charged with the
violation shall be given a written notice of the proposed action,
including the nature of the violation and the amount of the proposed
penalty, and shall have the right to request a hearing within 20 days
after receiving notice of the proposed action.  A notice of the
proposed action that is sent by certified mail to the last known
address of the person charged shall be considered received even if
delivery is refused or the notice is not accepted at that address.
If a hearing is requested, notice of the time and place of the
hearing shall be given at least 10 days before the date set for the
hearing.  Prior to the hearing, the person shall be given an
opportunity to review the director's evidence.  At the hearing the
person shall be given the opportunity to present evidence on his or
her own behalf.  If a hearing is not timely requested, the director
may take the action proposed without a hearing.
   (d) If the person against whom the director levied a civil penalty
requested and appeared at a hearing, the person may seek judicial
review of the director's decision within 30 days of the date of the
decision pursuant to Section 1094.5 of the Code of Civil Procedure.
   (e) After exhaustion of the review procedure provided in this
section, the director, or his or her representative, may file a
certified copy of a final decision of the director that directs the
payment of a civil penalty and, if applicable, any order that denies
a petition for writ of administrative mandamus, with the clerk of the
superior court of any county.  Judgment shall be entered immediately
by the clerk in conformity with the decision or order.  No fees
shall be charged by the clerk of the superior court for the
performance of any official service required in connection with the
entry of judgment pursuant to this section.
   (f) Any money recovered under this section shall be paid into the
Department of Pesticide Regulation Fund for use by the department,
upon appropriation, in administering this division and Division 6
(commencing with Section 11401).
   (g) This section shall only apply to violations that occur on or
after January 1, 2001.
   (h) This section shall remain in effect only until January 2,
2006, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2006, deletes or extends
that date.
  SEC. 7.  Section 14008 of the Food and Agricultural Code is amended
to read:
   14008.  Any permit may be refused, revoked, or suspended for
violation of any of the conditions of the permit, or of a previous
permit, or for violation of any provision of this division or of the
regulations that are issued pursuant to it, or for the failure to pay
a civil penalty or comply with any lawful order of the commissioner,
once that order is final.
  SEC. 8.  Section 14033 of the Food and Agricultural Code is amended
to read:
   14033.  The director shall adopt regulations that govern the use
of 2,4-D and any other herbicide which he finds and determines is
injurious to any crop that is being grown in any area of the state.
The regulations of the director may prescribe the time when, and the
conditions under which, a restricted herbicide may be used in
different areas of the state.  They may provide that a restricted
herbicide shall be used only under permit of the commissioner or
under the direct supervision of the commissioner, subject to any of
the following limitations:
   (a) In certain areas.
   (b) In excess of certain quantities or concentrations.
